getting your dental records
- From: Joel M. Eichen <joeleichen@xxxxxxxxx>
- Date: Sat, 03 Sep 2005 04:36:30 -0400
getting your dental records
http://www.medkb.com/Uwe/Forum.aspx/dentistry/1078/getting-your-dental-records
Allan Adler - 13 Nov 2003 02:10
I've always been given my dental records when I've left one dentist
and requested them, no matter what the circumstances were that
prompted
me to change dentists. I'm aware that some dentists discourage this
practice
and insist that they will only give the records to the next dentist.
On the
other hand, no doctor or dentist has ever expressed any surprise or
disapproval
when I presented him with my medical records from a previous doctor or
dentist.
What I would like to know is whether a dentist has a legal right to
refuse
to give a patient the dental records he needs to present to another
dentist
if the patient insists on having them. This may depend on the state
one lives
in. I'd like to believe that a patient has a right to his own records
in every
state, but if that is not the case I'd like to know which states deny
a
patient that right?
It would be pretty strange if confidentiality of a patient's records
was
construed to mean the patient couldn't have them.
Ignorantly,
Allan Adler
ara@xxxxxxxxxxxxxxxxx
****************************************************************************
*
*
* Disclaimer: I am a guest and *not* a member of the MIT Artificial
*
* Intelligence Lab. My actions and comments do not
reflect *
* in any way on MIT. Moreover, I am nowhere near the
Boston *
* metropolitan area.
*
*
*
****************************************************************************
Reply to this message
Joel M. Eichen D.D.S. - 13 Nov 2003 05:52
>I've always been given my dental records when I've left one dentist
>and requested them, no matter what the circumstances were that prompted
>me to change dentists. I'm aware that some dentists discourage this practice
>and insist that they will only give the records to the next dentist.
Yup. The law in my state.
>On the
>other hand, no doctor or dentist has ever expressed any surprise or disapproval
>when I presented him with my medical records from a previous doctor or dentist.
K. We love to save postage and use the patient as courier.
>What I would like to know is whether a dentist has a legal right to refuse
>to give a patient the dental records he needs to present to another dentist
>if the patient insists on having them.
I'd say yes however, each state varies.
>This may depend on the state one lives
>in. I'd like to believe that a patient has a right to his own records in every
>state, but if that is not the case I'd like to know which states deny a
>patient that right?
Because the state in its infinite wisdom limits dental diagnosis and
treatment (and its post-care review) to those people who are licensed
to do so.
>It would be pretty strange if confidentiality of a patient's records was
>construed to mean the patient couldn't have them.
Not confidentiality unless the patient has a split personality and one
person does not want the other person to know what treatment was done.
>Ignorantly,
No, that's an excellent question!
Joel
>Allan Adler
>ara@xxxxxxxxxxxxxxxxx
[quoted text clipped - 7 lines]
>* *
>****************************************************************************
Signature
Joel M. Eichen, .
Philadelphia PA
DISCLAIMER FOLLOWS:
*********
Dental health-related material
is provided for information purposes
only and does not necessarily
represent endorsement by or an official
position of the SciMedDentistry gang
or any other official agency either
actual or fictitious or Steve Mancuso.
Advice on the treatment or care
of an individual patient should
be obtained through consultation
with a dentist who has examined
that patient or is familiar with
that patient's dental history.
STANDARD DISCLAIMER
Reply to this message
Dr Steve - 13 Nov 2003 07:48
Hi Allen,
Some offices still do not understand the law properly.
A patient can ask for (and MUST then be provided with) a copy of any
portion, or all of their dental records. The patient cannot obtain
the
original records, but rather a reasonable and useful copy of them.
The
office is allowed to charge a reasonable charge for making the copies.
This
fee should be no more than would be charged at the local copying
center.
This is a federal law in the USA right now. It falls under the
heading of
HIPAA.
The patient MUST sign a release to obtain the record copies, however.
Signature
~+--~+--~+--~+--~+--
Stephen Mancuso, D.D.S.
Troy, Michigan, USA
DrSteve Q Mancusodds.com
{change the center letter to "at" (and drop two spaces) for email}
.....................................................
This posting is intended for informational or conversational purposes
only.
Always seek the opinion of a licensed dental professional before
acting on
the advice or opinion expressed here. Only a dentist who has examined
you
in person can diagnose your problems and make decisions which will
affect
your health.
.......................
Please ignore j..d... and convince j...e.... to get help
~~~~``````````#####----
> I've always been given my dental records when I've left one dentist
> and requested them, no matter what the circumstances were that prompted
[quoted text clipped - 16 lines]
> Allan Adler
> ara@xxxxxxxxxxxxxxxxx
****************************************************************************
> **
> * Disclaimer: I am a guest and *not* a member of the MIT Artificial *
> * Intelligence Lab. My actions and comments do not reflect *
> * in any way on MIT. Moreover, I am nowhere near the Boston *
> * metropolitan area. *
> **
****************************************************************************
Reply to this message
Joel M. Eichen D.D.S. - 13 Nov 2003 07:55
>Hi Allen,
>
[quoted text clipped - 10 lines]
>
>The patient MUST sign a release to obtain the record copies, however.
REPLY:
PaCode says this:
.......shall be furnished to the patient or to the patient?s new
dentist.
My comments:
In law, the word "or" means that if the dentist furnishes the records
to either party he has fulfilled the meaning and the letter of the law
and cannot be held responsible. He has complied by furnishing records
to the patient OR to the dentist.
If he furnishes to "neither" then he can be held responsible.
If the wording were "AND" then it would suggest that both the patient
and the new doctor can request x-rays.
There may be case law .... if you like I will Shepardize it.
Joel M. Eichen DDS
(c) Within 30 days of receipt of a written request from a patient or
a patient?s parents or legal guardian if the patient is a minor, an
exact copy of the patient?s written dental record, along with copies
of radiographs and orthodontic models, if requested, shall be
furnished to the patient or to the patient?s new dentist. This service
shall be provided either gratuitously or for a fee reflecting the cost
of reproduction.
(d) The obligation to transfer records under subsection (c) exists
irrespective of a patient?s unpaid balance for dental services or for
the cost of reproducing the record.
(e) Dentists shall provide for the disposition of patient records in
the event of the dentist?s withdrawal from practice, incapacity or
death in a manner that will ensure their availability under subsection
(c).
TEXT:
§ 33.209. Preparing, maintaining and retaining patient records.
(a) A dentist shall maintain a dental record for each patient which
accurately, legibly and completely reflects the evaluation and
treatment of the patient. A patient dental record shall be prepared
and maintained regardless of whether treatment is actually rendered or
whether a fee is charged. The record shall include, at a minimum, the
following:
(1) The name and address of the patient and, if the patient is a
minor, the name of the patient?s parents or legal guardian.
(2) The date of each patient visit.
(3) A description of the patient?s complaint, symptoms and
diagnosis.
(4) A description of the treatment or service rendered at each
visit and the identity of the person rendering it.
(5) Information as required in § 33.208 (relating to prescribing,
administering and dispensing medications) and this section with regard
to controlled substances or other medications prescribed, administered
or dispensed.
(6) The date and type of radiographs taken and orthodontic models
made, as well as the radiographs and models themselves.
Notwithstanding this requirement, the dentist may release orthodontic
models to the patient. This transaction shall be memorialized on a
form which is signed by the patient. The signed form shall become part
of the patient?s record.
(7) Information with regard to the administration of local
anesthesia, nitrous oxide/oxygen analgesia, conscious sedation or
general anesthesia.
(8) The date of each entry into the record and the identity of the
person providing the service if not the dentist of record?for example,
dental hygienist, expanded function dental assistant, dental
assistant, and the like.
(b) A patient dental record shall be retained by a dentist for a
minimum of 5 years from the date of the last dental entry.
(c) Within 30 days of receipt of a written request from a patient or
a patient?s parents or legal guardian if the patient is a minor, an
exact copy of the patient?s written dental record, along with copies
of radiographs and orthodontic models, if requested, shall be
furnished to the patient or to the patient?s new dentist. This service
shall be provided either gratuitously or for a fee reflecting the cost
of reproduction.
(d) The obligation to transfer records under subsection (c) exists
irrespective of a patient?s unpaid balance for dental services or for
the cost of reproducing the record.
(e) Dentists shall provide for the disposition of patient records in
the event of the dentist?s withdrawal from practice, incapacity or
death in a manner that will ensure their availability under subsection
(c).
(f) The components of a patient dental record that are prepared by a
dentist or an agent and retained by a health care facility regulated
by the Department of Health or the Department of Public Welfare shall
be considered a part of the patient dental record required to be
maintained by a dentist, but shall otherwise be exempt from
subsections (a)?(e). The components of a patient dental record shall
contain information required by applicable Department of Health and
Department of Public Welfare regulations?see, for example, 28 Pa. Code
§ 141.26 (relating to patient dental records)?and health care
facility bylaws.
(g) This section does not restrict or limit the applicability of
recordkeeping requirements in § 33.207 (relating to prescribing,
administering and dispensing controlled substances) and § 33.208.
(h) A dentist?s failure to comply with this section will be
considered unprofessional conduct and will subject the noncomplying
dentist to disciplinary action as authorized in section 4.1(a)(8) of
the act (63 P. S. § 123.1(a)(8)).
Authority
The provisions of this § 33.209 amended under sections 2?5.1,
10?11.5 and 11.7 of the Dental Law (63 P. S. § § 121?124.1,
129?129.1, 130, 130e and 130h).
Source
The provisions of this § 33.209 adopted June 23, 1995, effective
June 24, 1995, 25 Pa.B. 2492; amended May 12, 2000, effective May 13,
2000, 30 Pa.B. 2359. Immediately preceding text appears at serial
pages (223042) and (223043).
Notes of Decisions
Patient?s Complaint
The State Board of Dentistry?s findings that the dentist failed to
properly record the parents? complaint was supported by substantial
evidence, where, based on the expert testimony, the Board found that
the dentist should have recorded the parents? complaint that their son
had black spots on his teeth or recorded ??no complaints?? on the
child?s record, and where the Board stated that while the dentist
recorded the child?s cavities, such an activity constituted a
diagnosis, which is a separate recording requirement. Watkins v. State
Board of Dentistry, 740 A.2d 760 (Pa. Cmwlth. 1999).
--------------------------------------------------------------------------------
No part of the information on this site may be reproduced for profit
or sold for profit.
This material has been drawn directly from the official Pennsylvania
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Signature
Joel M. Eichen, .
Philadelphia PA
DISCLAIMER FOLLOWS:
*********
Dental health-related material
is provided for information purposes
only and does not necessarily
represent endorsement by or an official
position of the SciMedDentistry gang
or any other official agency either
actual or fictitious or Steve Mancuso.
Advice on the treatment or care
of an individual patient should
be obtained through consultation
with a dentist who has examined
that patient or is familiar with
that patient's dental history.
STANDARD DISCLAIMER
Reply to this message
Joel M. Eichen D.D.S. - 13 Nov 2003 07:56
Oh sorry.
I just remembered Dr. Steve has me blocked. Will someone please repost
this to Dr. Steve? He may be interested.
Joel
>Hi Allen,
>
[quoted text clipped - 10 lines]
>
>The patient MUST sign a release to obtain the record copies, however.
Signature
Joel M. Eichen, .
Philadelphia PA
DISCLAIMER FOLLOWS:
*********
Dental health-related material
is provided for information purposes
only and does not necessarily
represent endorsement by or an official
position of the SciMedDentistry gang
or any other official agency either
actual or fictitious or Steve Mancuso.
Advice on the treatment or care
of an individual patient should
be obtained through consultation
with a dentist who has examined
that patient or is familiar with
that patient's dental history.
STANDARD DISCLAIMER
Reply to this message
Allan Adler - 15 Nov 2003 01:07
Thanks to Dr.Steve and Joel Eichen D.D.S for their helpful comments.
Joel Eichen draws attention to the word "or", which in effect holds
the dentist compliant if he provides the records to the patient's new
dentist. However, if at the time the request is made the patient does
not have a new dentist, then the only way to be compliant with the
"or" is to provide the records to the client. At least that is the
only thing that makes sense from the point of view of formal logic.
I don't know if the law works that way.
Ignorantly,
Allan Adler
ara@xxxxxxxxxxxxxxxxx
****************************************************************************
*
*
* Disclaimer: I am a guest and *not* a member of the MIT Artificial
*
* Intelligence Lab. My actions and comments do not
reflect *
* in any way on MIT. Moreover, I am nowhere near the
Boston *
* metropolitan area.
*
*
*
****************************************************************************
Reply to this message
Joel M. Eichen D.D.S. - 15 Nov 2003 06:27
I know the law is very specific when the words "and" and "or" are
used. For example, going through a red light may not be lawful
anywhere. However, there may be some law that says, "the defendant can
not be held accountable when an emergency vehicle such as an ambulance
with its siren operating has demanded the right of access AND there
was no other alternative other than for the denfendant to go through
the red light.
REMEMBER that I just made this up. There may be no such principle. I
am merely giving my interpretation of the word "or."
>Thanks to Dr.Steve and Joel Eichen D.D.S for their helpful comments.
>Joel Eichen draws attention to the word "or", which in effect holds
[quoted text clipped - 17 lines]
>* *
>****************************************************************************
Signature
Joel M. Eichen, .
Philadelphia PA
DISCLAIMER FOLLOWS:
*********
Dental health-related material
is provided for information purposes
only and does not necessarily
represent endorsement by or an official
position of the SciMedDentistry gang
or any other official agency either
actual or fictitious or Steve Mancuso.
Advice on the treatment or care
of an individual patient should
be obtained through consultation
with a dentist who has examined
that patient or is familiar with
that patient's dental history.
STANDARD DISCLAIMER
.
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